Show:
Chapter 1
Chapter 2
Chapter 3
Chapter 4
Chapter 5
100
What is a statutory fee?
A fee that the law requires a client to pay a lawyer.
100
What is judicial review and what Supreme Court case established it?
Marbury vs. Madison, the Supreme Court rules on whether laws are constitutional.
100
What is mediation?
When two parties have a neutral third party render a non-binding decision.
100
What is the moral minimum?
Following the law.
100
What does the First Amendment protect?
Speech, Religion, Assembly, Press
200
Who creates administrative law?
Administrative agencies.
200
What three things must one have to have standing to sue?
1. Injury 2. Causation 3. Remedy
200
What is negotiation?
When two people work out issues without a third party.
200
What is the categorical imperative and what philosopher thought of it?
Immanuel Kant invented it, "What if everyone in society did that?"
200
What does the commerce clause give Congress control over?
Interstate and foreign commerce.
300
What does the doctrine of Stare Decisis require a judge to do?
Follow precedent set by higher courts within their jurisdiction unless there is a compelling reason not to do so.
300
What two things must one have to have a Diversity of Citizenship case? Is it a case of concurrent or exclusive jurisdiction?
1. Residents of different states in a dispute. 2. $75,00 Concurrent
300
What is arbitration?
When people solve a dispute using a neutral third party who renders a binding decision.
300
Who are the two people who thought up the utilitarian approach? What is the utilitarian approach?
Jeremy Bentham and Jonathan Stuart Mills. The most good for the most number of people or least harm for least number of people.
300
What does the full faith and credit clause guarantee?
Legal decisions and contracts from one state are valid in all other states.
400
What are the equitable remedies discussed in Chapter 1? What does each one do?
Injunction: Stop a certain behavior Specific performance: Must perform a specific task Recission: Cancels contractual obligations
400
If you are selling items online to a place you have never been does that place have jurisdiction over you? What statute gives/does not give them jurisdiction? Is it jurisdiction in personam or jurisdiction in rem?
Yes, long arm statutes, jurisdiction in rem.
400
Which form of ADR is faster and cheaper than litigation?
All of them.
400
What is the due diligence section of the COVER model?
Facts Issues Alternatives Stakeholders Questions
400
A state law contradicts a federal law. Which law is surely enforced and why?
Federal, Supremacy clause.
500
What are the five schools of jurisprudence? What is a one sentence definition for each?
Historical school: Look back at past laws and intentions of law-makers Natural school: There are laws higher than any law a government can pass. Positivist school: The laws the government passes should be enforced as written. Legal Realism: The law is an institution that must be interpreted while taking into mind society and context. Sociological School: The law is a tool that should be used to promote social change.
500
What is the order of the following trial steps: Discovery, Pre-Trial Conference, Collections, Plaintiff's Case, Answer, Defendant's Case, Service of Process, Appeals, Motion for Judgement n.o.v, Voir Dire
Complaint, Service of Process, Answer, Discovery, Pre-Trial Conference, Voir Dire, Plaintiff's Case, Defendant's Case, Motion for Judgement n.o.v., Appeals, Collections
500
What form of ADR is often required in contracts?
Arbitration.
500
In around one sentence what do you do for each letter of the COVER model?
C- Codes of conduct and law O- Weigh the outcome of each alternative V- Look at the values of a company, mission statement, justice freedom type stuff E- What if your decision went public? R- What if everyone in society did that?
500
Who has police powers and what do they grant the power to do?
State, to protect or promote the public order, health, safety, morals, and general welfare.